News

Theresa Kelly Quoted in Law360 on EEOC v. Abercrombie Ruling

June 1, 2015

Theresa Kelly was quoted in the article, "Attorneys React To High Court's EEOC v. Abercrombie Ruling," in Law360. The U.S. Supreme Court ruled in EEOC v. Abercrombie & Fitch Stores Inc. that to prevail on a religious discrimination claim, a job applicant need only show that her need for a religious accommodation was a motivating factor in the employer's decision not to hire her, not that the employer had direct knowledge of the need. Kelly states the Court's distinction between knowledge and motive may in the real world, "present some proof problems. Other religious accommodation cases that do not involve dress or other practices that may be apparent at an interview or during the hiring process may present facts where there is no possible way to prove motive without knowledge. In this case, however, the interviewer articulated her suspicion that the plaintiff wore the headscarf because of her faith, bringing it within the purview of Title VII."

Heather Weine Brochin and Gregory Tabakman authored an article entitled "Third Circuit Advises that Employer Must Pay Employees for Short Rest Breaks," which was published by the New Jersey Law Journal.

Michael Furey was quoted in an article, "NJ Panel Grills Hospitals Over Discovery In Horizon Row," in Law360. Day Pitney is representing five New Jersey hospitals in a lawsuit against Horizon Healthcare, relating to its new, multi-tiered health plan called OMNIA. Furey advocated on behalf of the five hospitals on Wednesday before a New Jersey appeals court that Horizon should turn over a consultant's report and certain agreements relating to how Horizon categorized hospitals under its controversial OMNIA Alliance program and the impact of OMNIA on the hospitals. These Tier 2 hospitals are alleging various claims, including breach of contract and citing concerns that being ranked in the lower tier of the program will cost them business. Horizon contends the sought-after materials, including a financial analysis, strategic alliance agreements and rate agreements between the insurer and OMNIA network hospitals, contain trade secret and confidential information. "If we're going to prove our hospitals should be Tier 1 alliance members, we need the documents and the information," Furey said.